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Condo FAQs – What is a common element versus a limited common element? What is an appurtenance? When is pre-suit arbitration required?

Last updated on August 22, 2025 Case Results, Condominium/Cooperative Law

Frequently asked condominium questions:

  1. What is the difference between a limited common element versus a limited common element? As explained by Florida Second District Court of Appeal in Randolph Farms v Otto, 365 So. 3d 1259 (Fla. 2d DCA 2023), a common element are those condominium elements that are no peculiar to a particular condominium unit, while limited common elements are peculiar to a particular unit. Said another way, common elements are generally for use by all, while limited common elements are for the exclusive use of a particular unit or units (as specific in the declaration). The cost to maintain and repair the common elements is generally borne as a common expense, while limited common elements are subject to variance depending on the governing documents – that is, in some cases the cost to (and responsibility to) repair and maintain a limited common element may be a common expense, while in other instances the declaration may provide that such responsibility / costs are to be borne by the unit(s).
  2. What is an appurtenance? Also as explained by the Second District Court in Randolph Farms v Otto, appurtenances are things belonging to another thing as principal and which pass as incident to the principal thing or, in simpler terms, it is an interest that is conveyed along with the unit. Both common elements (where a proportionate undivided interest in the common elements is passed to the purchaser along with their purchase of a unit) and limited common elements (where, for example interest in a limited common element parking space is conveyed with the unit) are appurtenances.
  3. When is a condominium association required to engage in pre-suit arbitration or pre-suit mediation prior to filing state court action? Section 718.1255, F.S., requires condominium associations and owners to pursue a “dispute” via pre-suit mediation or arbitration prior to the commencement of state court litigation. the term “dispute” means any disagreement between two or more parties that involves: (a) The authority of the board of directors, under this chapter or association document, to: 1. Require any owner to take any action, or not to take any action, involving that owner’s unit or the appurtenances thereto, 2. Alter or add to a common area or element. A “dispute” also refers to any allegation stemming from the failure of a governing body, when required by this chapter or an association document, to: 1. Properly conduct elections, 2. Give adequate notice of meetings or other actions, 3. Properly conduct meetings, 4. Allow inspection of books and records and/or where the subject of the disagreement stems from a plan of termination. A “dispute” does not include any disagreement that primarily involves: title to any unit or common element; the interpretation or enforcement of any warranty; the levy of a fee or assessment, or the collection of an assessment levied against a party; the eviction or other removal of a tenant from a unit; alleged breaches of fiduciary duty by one or more directors; or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

**To read more about common elements, limited common elements, appurtenances, and pre-suit arbitration requirements (…and so that we can not-so-subtly highlight one of our appellate victories), read the Second District Court’s opinion in Randolph Farms v Otto:

https://caselaw.findlaw.com/court/fl-district-court-of-appeal/114565986.html

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